If a court agrees that your human rights have been breached, it can make a declaration of incompatibility. The government would then decide whether the law needs changing as a result.

Please note

This guide only covers the Human Rights Act from the point of view of a person with a mental health problem.

This guide applies to England and Wales.

This guide contains general legal information, not legal advice. We recommend you get advice from a specialist legal adviser or solicitor who will help you with your specific situation and needs. See Useful contacts for more information.

The legal information in this guide does not apply to children unless specifically stated.

This information was published in August 2017. We will revise it in 2019.